Article 45/2021

Labour Edge

With reference to Jacobson v Vitalab (2019) 30 SALLR 175 (LC), what is the test to be met to succeed in raising an exception:

In order to succeed, the excipient must necessarily persuade the court that, on every interpretation the pleading in question can reasonably bear, no cause of action is disclosed (First National Bank of Southern Africa Ltd v Perry NO 2001 (3) SA 960 (SCA)). Care must be taken to distinguish the facts which must be proved in order to disclose a cause of action from the evidence necessary to prove them. The determination of the latter, in each particular case, is essentially a matter of substantive law rather than procedure (Alphedie Investments (Pty) Ltd v Greentops (Pty) Ltd 1975 (1) SA 161 (T)).

Does the LRA impose a duty to bargain?

Which principles govern breaches of contracts in the employment sphere?

How did the labour court recently, in Jacobson v Vitalab (2019) 30 SALLR 175 (LC), interpret s187(1)(c) of the LRA dealing with the refusal to accept a demand?